Monday, August 03, 2020

Davidson v. O'Reilly Auto Enterprises (9th Cir. - Aug. 3, 2020)

Reasonable minds might disagree about whether Judge Ikuta's opinion is correct or whether Judge Christen's dissent has the better of the argument.

Regardless, one can't help but leave the opinions with a firm sense that Judge Klausner entered the procedural orders he did here (e.g., denying stipulated agreements to extend a super-rapid class certification deadline) with a firm eye towards making sure that the class never got certified.

Whether that's a case-specific preference or applies to class actions more generally is, again, an issue on which reasonable minds might disagree.  But this was definitely a case where procedural means were used (IMHO) to accomplish a particular result.